Liquidators of a labour hire firm alleged that a corporate adviser who had devised and implemented a corporate restructure was liable to pay damages under section 588M(2) and section 1317H of the Corporations Act 2001. One of the issues in the case was whether the judgment should be staggered or structured to reflect the fact that the liquidators had entered into settlement agreements with other parties, one of which still contemplated payments being made into the future, to avoid in advance double recovery in favour of the liquidators. There were also challenges to the quantum case on the basis of sufficiency of evidence.
Matthew Jones KC appeared for the adviser, leading Mr Hugh Hadgraft, instructed by Cowen Schwarz Marschke Lawyers.
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